Private Property and Abuse of Rights in Victorian England - Taggart, Michael
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Finally the book attempts to explain the common lawyers' refusal to recognize a Continental-style doctrine of abuse of rights and the courts' failure to develop a prima face tort doctrine to curb maliciously inspired behaviour.
The leading case of The Mayor, Alderman and Burgesses of the Borough of Bradford v Pickles was the first to establish that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book…mehr

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Produktbeschreibung
Finally the book attempts to explain the common lawyers' refusal to recognize a Continental-style doctrine of abuse of rights and the courts' failure to develop a prima face tort doctrine to curb maliciously inspired behaviour.
The leading case of The Mayor, Alderman and Burgesses of the Borough of Bradford v Pickles was the first to establish that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way.
Autorenporträt
Michael Taggart is Professor of Law at The University of Auckland. He studied law at the University of Auckland and Harvard University. He has taught law at the University of Auckland since 1982. Before that he taught at the University of Western Ontario and has visited Queen's University, Canada, the University of Saskatchewen, the University of Toronto and at the Centre for Public Law at the University of Cambridge, New Zealand.